Initiating the Process

Start by filing a Form I-130 visa petition for your spouse and children. This form establishes the familial relationship between you and your family members.

Considerations and Wait Times

• The process historically could take a couple of years under the family-based 2A category due to limited visa availability.
• Per-country limitations may further extend wait times, especially for individuals born in countries with high demand for US immigration.

Eligibility for Naturalization

If eligible, consider naturalizing and becoming a US citizen. As a citizen, you can sponsor your spouse and children as immediate relatives, bypassing numerical restrictions.

Submission Requirements

When submitting Form I-130, include the following documents and filing fees:

• Copy of your green card
• Marriage certificate
• Documents terminating any previous marriages
• Birth certificates of your spouse and children

Adjustment of Status in the US

If your spouse and children are lawfully present in the US on temporary visas, they may be eligible to adjust their status to permanent residents without leaving the country. Ensure their temporary status does not expire before applying for adjustment.

Immigrant Visas Abroad

For spouses and children residing abroad, once Form I-130 is approved, it’s forwarded to the National Visa Center (NVC). As priority dates near, the NVC requests paperwork and filing fees for consulate/embassy interviews abroad.

If the interviews are successful, your family members receive a 6-month period to come to the US. Upon admission by a Customs and Border Protection officer, they become lawful permanent residents.

Navigating the green card process for spouses and children of green card holders demands attention to detail and understanding of immigration procedures. Seek guidance from our firm to ensure a smooth transition for your loved ones.